Yet another copyright question

[John Craton]

If one has a registered copyright for a work and then arranges the piece for different instrumentation, is the "new" work covered by the same copyright or must it too be registered by the Copyright Office? (Always looking to save myself $30 whenever possible http://www.mandolincafe.net/iB_html/non-cgi/emoticons/biggrin.gif )

[JimD]

Hey John,

The first copyright registration proves that the work is yours. You shouldn't need a second one.

A performing arts lawyer once explained to me that the LOC doesn't grant copyrights, the authors/composers CLAIM copyright and the LOC simply registers it.

Hope that helps. Savin $30 is a good thing. Perhaps you can eventually save enough for a tank of gas. http://www.mandolincafe.net/iB_html/non-cgi/emoticons/rock.gif #http://www.mandolincafe.net/iB_html/non-cgi/emoticons/sad.gif

[John Craton]

Thanks, Jim. Guess I owe you that 30 bucks now http://www.mandolincafe.net/iB_html/non-cgi/emoticons/tounge.gif

[J. Mark Lane]

I was hoping someone else would deal with this, as I hate giving out legal advice on the Internet. But I will say this. There is a lot of information about copyright law on the website of the US Copyright Office. It's a good website. Check it out:

http://www.copyright.gov/

There is a circular related to derivative works that you may want to read:

http://www.copyright.gov/circs/circ14.html

There is also a good circular related to musical compositions generally:

http://www.copyright.gov/circs/circ50.html

The rules is that the owner of a copyright has the sole right to create derivative works. Whether a new arrangement of a musical piece is a derivative work depends on a careful analysis of the original and the arrangement. Either way, the right to create a derivative work is not the same thing as the copyright ownership of the derivative work. Copyright ownership is always automatic, of course. Whether you register is your choice, and effects the kinds of legal remedies you have down the road. You can register a derivative work, or you can register a new work. The cost is $30. You decide.

Mark

[JimD]

#Either way, the right to create a derivative work is not the same thing as the copyright ownership of the derivative work

Are you saying that the work needs to be registered again otherwise you no longer have the same protection? Even a csaual look at this shows how illogical it is.

If the original is mine than so is any arrangement or derivative work that I will create from it.